Pugh v. Jones

Filing 19

ORDER ADOPTING the 16 REPORT AND RECOMMENDATIONS. It is ORDERED that Pugh's habeas petition be DISMISSED as barred by the statute of limitations and that he is not entitled to a certificate of appealability, and consequently, is not entitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 10/20/2014. Copy mailed to Petitioner. (tgw)

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANDON MARQUIS PUGH
(AIS # 254312),
Petitioner,
v.
LOUIS BOYD,
Respondent.

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* CIVIL ACTION NO. 13-00588-WS-B
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ORDER

After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and a de novo determination of those portions of the Report and Recommendation
to which objection is made, including Petitioner’s claim of “actual innocence”, the Report and
Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED
as the opinion of this Court. It is ORDERED that Pugh’s habeas petition be DISMISSED as
barred by the statute of limitations and that he is not entitled to a certificate of appealability, and
consequently, is not entitled to appeal in forma pauperis.
DONE this 20th day of October, 2014.

s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE